CHARLESTON, W.Va. (WDTV) -- A petition was filed with the West Virginia Supreme Court of Appeals Thursday in an effort to remove the temporary appointments of Evan Jenkins and Tim Armstead to the court, and to remove Jenkins' name from the November 6th ballot.
The petition was filed by William K. Schwartz, an attorney and former candidate to fill former justice Robin Davis' seat. In the end, Governor Jim Justice appointed Jenkins to fill Davis' seat and Armstead to fill retired justice Menis Ketchum's seat. Schwartz's petition argues that neither Jenkins and Armstead meet the qualifications needed to fill the seats.
Schwartz argues that Justice violated the state constitution by appointing Jenkins and Armstead, since they are the opposite party of the justices they are replacing. He also argues that Armstead violated the Emoluments Clause, since he took part in voting to investigate the court for impeachment and sought to fill one of the seats.
He also argues that the constitution prohibits Jenkins from running for the court since he has not practiced law for the entire last decade.
You can read the full petition by visiting the Related Document.